2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 304.

Ex officio, we examine the legitimacy of the part concerning the claim for the amount received in the principal lawsuit.

In a case where the assignment, etc. of a claim mainly takes place with the intention of having another person conduct litigation, even if the assignment of claim does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 2011; 6 the same shall apply to the current Trust Act) shall be null and void as it is applied by analogy, even though the assignment of claim does not fall under a trust under the Trust Act. Whether making another person conduct litigation is a principal purpose shall be determined in light of all the circumstances, such as the course and method of concluding the assignment contract, time interval

(2) In the event that a legal dispute arises between the Plaintiff and the Defendant on the ground that the Plaintiff did not pay the tax imposed by the Defendant for the purpose of acquiring the claim by transfer from the Plaintiff under the name of the Plaintiff, and that the Plaintiff did not pay the interest and the balance of the intermediate payment, the Plaintiff stated that C transferred the loan claim amounting to KRW 250 million against the Defendant to the Plaintiff for the purpose of resolving the problem linked to himself/herself, the Plaintiff, the Plaintiff, and the Defendant, and the Defendant (see, e.g., Supreme Court Decision 2012Da23412, Mar. 27, 2014). The Plaintiff brought a lawsuit against the Defendant on Oct. 1, 2013, which is the following day of the assignment notification of the claim (see, e.g., Supreme Court Decision 2012Da23412, Sept. 30, 2013); the Plaintiff filed a lawsuit against the Defendant on Oct. 1, 2013.